Procedure before the Tribunal

The Plaintiff must file an Application to Institute Proceedings at the Office of the Court of Quebec (the greffe) in the judicial district where the Defendant lives or has his principal business establishment (section 114 of the Charter). Within 15 days of filing the Application, the Plaintiff must file a Factum (a brief) in which he describes the allegations in greater detail (section 115). The Clerk of the Tribunal notifies the Factum to all the other parties (section 116).

Within 30 days of receiving notification of the Plaintiff's Factum, the Defendant(s) and the other parties may produce their own Factum (not mandatory) which the Tribunal then notifies to the Plaintiff (section 115).

The procedures must be filed at the Office (counter) of the Court of Quebec in the judicial district where the Defendant lives or has his principal business establishment (e.g. head office).

Pamphlet that explains the principal steps of a litigation before the Tribunal: The Human Rights Tribunal - How to assert your rights

 

 

Forms and guides

Notice of Contact Information

All persons who have received notification of the Application to Institute Proceedings, as well as their lawyers, have the obligation to complete the contact information form:

Notice of contact information 

 

Forms

The Tribunal makes available procedural forms for parties who are not represented by a lawyer. These forms can be filled out directly on a computer. The principal forms are grouped according to whether you are acting as the plaintiff (the party who is suing) or the defendant (the party being sued).

Plaintiffs

Application to Institute Proceedings

Plaintiff’s Factum and list of exhibits

Defendants

Defendant’s Factum and list of exhibits

List of Exhibits filed by the Defendant

Other forms

Application for Postponement of a Hearing

Application for Relief from the Default of Filing the Factum in the Time Limit Provided

Notice of discontinuance

 

Settlement Conference (Mediation)

The Tribunal also offers the parties involved in a litigation the option of taking part in a settlement conference (mediation) to find a solution to their dispute. (See the section Settlement Conference).